NextGen Day

MANILA – The Court of Tax Appeals (CTA) has upheld an earlier judgment approving Ayala Corporation’s request for a tax credit certificate worth PHP45.3 million for excess and unutilized creditable withholding taxes (CWT) for 2014.

The CTA en banc refused appeals filed by Ayala Corp. requesting a greater amount and the commissioner of internal revenue challenging the court’s modified decision dated Jan. 11, 2021 in a decision issued on May 18.

Ayala Corp. filed an administrative claim for the issuance of a tax credit certificate in the amount of PHP62.66 million with the Bureau of Internal Revenue Large Taxpayers Service Office (BIR LTS0) on March 14, 2017, and the case was then elevated to the tax court.

The CTA second division authorized the company’s appeal for PHP44.7 million on February 26, 2022. The company’s appeal was partially allowed on Jan. 11, 2021, and the amount was increased to PHP45.3 million.

The BIR and the corporation both requested that the case be heard by the CTA en banc.

The tribunal dismissed both petitions for review, stating that its earlier amended decision on the case had reached finality and could no longer be challenged by the parties on a technicality because the petitions for review were filed with the en banc without first filing a motion for reconsideration of the amended decision with the CTA second division.

The court stated that failure to file the appropriate motion for reconsideration, which is a “mandatory” condition, is grounds for the dismissal of the appeal.

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